The New Lagos Tenancy Legislation: Who Does It Favor Most, The Landlord or the Tenant?

For a regulation to control rights and obligations underneath tenancy agreements and the connection between the Landlord and the tenant together with the process for the restoration of premises and for different related functions in Lagos State.

The Lagos State Home of Meeting enacts as follows:

Common Utility
1. Utility of Legislation
2. (1) This Legislation shall apply to all premises inside Lagos State, together with enterprise and residential premises except in any other case specified
(2) This Legislation shall not apply to:
(a) residential premises owned or operated by an academic establishment for its employees and college students;
(b) residential premises offered for emergency shelter;
(c ) Residential premises
(i) in a care or hospice facility;
(ii) in a public or personal hospital or a psychological well being facility; and
(d) that's made accessible in the midst of offering rehabilitative or therapeutic remedy.

2. Jurisdiction of the Courts
(1) A Court docket shall have jurisdiction on utility made to it by a landlord or tenant or any particular person to find out issues in respect of the tenancy of any premises let earlier than or after the graduation of this Legislation.
(2) The jurisdiction of a Court docket shall not be ousted by the defendant or respondent establishing the title of every other occasion.
(3) Proceedings could also be introduced underneath this Legislation on the Excessive Court docket or on the Magistrates Court docket within the division or the Magisterial District during which the subject material giving rise to the proceedings is positioned.
(4) Topic to the supply of this Legislation, a Court docket shall be certain by the follow and process in civil issues within the Magistrates Court docket or the Excessive Court docket of Lagos State.

3. Tenancy Settlement
For the needs of this Legislation, a tenancy settlement shall be deemed to exist the place premises are granted by the owner to an individual for worth whether or not or not it's
(a) categorical or implied;
(b) oral or in writing or partly oral or partly written; or
(c) for a set interval.

4. Advance Lease
(1) It shall be illegal for a landlord or his agent to demand or obtain from a sitting tenant hire in extra of three (3) months in respect of any premises.
(2) It shall be illegal for a sitting tenant to supply or pay hire in extra of three (3) months in respect of any premises.
(3) Any one that receives or pay hire in extra of what's prescribed on this part shall be responsible of an offence and shall be liable to a effective of 100 thousand naira (N100,000.00) or to 3 (3) months imprisonment or every other non-custodial disposition.

5. Lease fee receipt
(1) As from the graduation of this Legislation, all landlords of premises shall upon fee of hire by the tenants, be obliged to problem a hire fee receipt to their tenants in respect of such funds.
(2) The receipt shall state the
(a) Date of which hire was acquired;
(b) Identify of the owner and the tenant;
(c) Location of premises in respect of which the hire is paid
(d) Quantity of hire paid; and
(e) Interval to which the fee relates.
(4) Any landlord who fails to problem a hire fee receipt to his tenant as prescribed underneath this Part, shall be liable to a effective of ten thousand Naira (N10,000.00) payable to the Court docket.

RIGHTS AND OBLICATIONS OF LANDLORD AND TENANT

6. Rights of the events
(1) The tenants entitlement to quiet and peaceful enjoyment contains the appropriate to:
(a) affordable privateness;
(b) freedom from unreasonable disturbance;
(c) Unique possession of the premises, topic to the landlords restricted proper of inspection and
(d) the usage of frequent areas for affordable and lawful functions.
(2) The place a tenant with the earlier consent in writing of the owner, results enhancements on the premises and the owner determines the tenancy, such a tenancy shall be entitled to assert compensation for the impact enhancements on quitting the premises.

6. Obligations of the Tenant
Topic to any provision on the contrary within the settlement between the events, the tenant shall be obliged to do the next:
(1) Pay the rents on the instances and within the method said.
(2) Pay all present and future charges and costs not relevant to the owner by regulation.
(3) Preserve the premises in good and tenantable restore, affordable put on and tear excepted.
(4) Allow the owner and his brokers throughout the tenancy in any respect affordable hours within the day time by written discover, to view the situation of the premises and to impact repairs in mandatory components of the constructing.
(5) To not make any alterations or additions to the premises with out the written consent of the owner.
(6) To not assign or sublet any a part of the premises with out the written consent of the owner.
(7) Notify the owner the place structural or substantial harm has occurred to any a part of the premises as quickly as practicable.

7. Obligations of the Landlord

8. Topic to any provision on the contrary within the settlement between the events, the owner shall be obliged to do the next:
(1) To not disturb the tenants quiet and peaceful enjoyment of the premises.
(2) Pay all charges and costs as stipulated by regulation.
(3) Preserve the premises insured towards loss or harm.
(4) To not terminate or prohibit a typical facility or service for the usage of the premises.
(5) To not seize or intrude with the tenants entry to his private property.
(6) Impact repairs and keep the exterior and customary components of the premises.

9. Obligations of landlord relating to enterprise premises solely
Topic to any provision on the contrary within the settlement between the events, a enterprise premises settlement shall be taken to offer that the place the owner
(a) inhibits the entry of the tenant to the premises in any substantial method;
(b) takes any motion that may considerably alter or inhibit the stream of the purchasers, shoppers or different individuals utilizing the tenants enterprise premises;
(c) causes or fails to make affordable efforts to stop or take away any disruption to buying and selling or use inside the enterprise premises which ends up in lack of income to the tenant;
(d) fails to have rectify as quickly as practicable, any breakdown of plant or gear underneath his care and upkeep which ends up in lack of income to the tenant; or
(e) fails to keep up or repaint the outside or the frequent components of the constructing or buildings of which the premises is comprised and after being given discover in writing by the tenant requiring him to rectify the matter, doesn't achieve this inside such time as within reason practicable, the owner, is liable to pay to the tenant such affordable compensation as shall be decided by the Court docket, the place the tenant results the repairs or upkeep.

10. Service Cost, Services and Safety Deposits
In any case the place the owner or his agent might along with hire require the tenant or licensee to pay:
(a) a safety deposit to cowl harm and repairs to the premises;
(b) for providers and services for the premises; or
(c) service costs in flats or models that retain frequent components on the premises, the owner or his agent shall problem a separate receipt to the tenant for funds acquired the such tenant shall be entitled to a written account at the very least each six (6) months from the owner of how moneys paid had been disbursed.

11. Provision for re-entry
Topic to
(a) any provision on the contrary within the settlement between the events; and
(b) the service of course of in accordance with the related provisions of the Legislation, upon the breach or non-observance of any of the circumstances or covenants in respect of the premises, the owner shall have the appropriate to institute proceedings for an order to re-enter and decide the tenancy.

12. Size of Discover
(1) The place there is no such thing as a stipulation as to the discover to be given by both occasion to find out the tenancy, the next shall apply
(a) a weeks discover for a tenant at will;
(b) one (1) months discover for a month-to-month tenant;
(c ) three (3) months discover for a quarterly tenant;
(d) three (3) months discover for a half-yearly tenant; and
(e) six (6) months discover for a yearly tenant.
(2) Within the case of month-to-month tenant, the place he's in arrears of hire for 3 (3) months, the tenancy shall be decided and the Court docket shall make an order for possession and arrears of hire upon proof of the arrears by the owner.
(3) Within the case of a quarterly or half-yearly tenant, the place he's in arrears of hire for six (6) months, the tenancy shall be decided and the Court docket shall make an order for possession and arrears of hire upon proof of the arrears by the owner.
(4) Discover of tenants underneath subsection (1) ( ), (d) and (e) of this Part needn't terminate on the anniversary of the tenancy however might terminate on or after the date of expiration of the tenancy.
(5) Within the case of a tenancy for a set time period, no discover to give up shall be required as soon as the tenancy has been decided by effluxion of time and the place the owner intends to proceed to Court docket to get better possession, he shall serve a seven (7) days written discover of his intention to use to get better possession as in Kind TL4 within the Schedule of this Legislation.
(6) The character of a tenancy shall, within the absence of any proof on the contrary, be decided by reference to the time when the hire is paid or demanded.

13. Discover to Licensee
The place an individual is a licensee and upon the expiration or withdrawal of his license, he refuses or neglects to surrender possession he shall be entitled to service of a seven (7) days discover of the house owners intention to use to get better possession as in Kind TL4 within the Schedule to this Legislation.

14. Discover required for deserted premises
(1) A premises might be deemed to be deserted the place the
(a) tenancy has expired; and
(b) tenant has not occupied the premises for the reason that tenancy expired and has not given up lawful possession of the premises.
(2) Following subsection (1) above, the owner shall
(a) problem a seven (7) days discover of the landlords intention to get better possession as prescribed in Kind TL4, which shall be served by pasting the discover on the deserted premises; and
(b) apply to the courtroom for an order for possession and an order to power open the premises.

15. Tenant refusing or neglecting to surrender possession
As quickly because the time period or curiosity of any premises has been decided by a written discover to give up as in Kind TL2 or TL3, within the Schedule this his Legislation and the tenant neglects or refuses to give up and ship up possession of the premises or any a part of it, the Landlord or his agent might trigger the tenant to be served with written discover as in Kind TL4, signed by the Landlord or his agent, of the landlords intention to proceed to get better possession, stating the grounds and particulars of the declare, on a date not lower than seven (7) days from the date of the discover.

16. Service of Notices
(1) Notices referred to underneath Sections 12-15 of this Legislation shall be by correct service as prescribed underneath Part 17 and 18.
(2) Correct service shall be service in such a way that it may be established to the satisfaction of the courtroom that the particular person to be served can have data of any of the notices.

17. Service of Notices for Residential Premises
Correct service on a tenant of residential premises shall be private service, which incorporates however is just not restricted to the next
(a) service on the tenant in particular person
(b) supply to any grownup residing on the premises to be recovered
(c) by courier the place the tenant can't be discovered, by delivering identical on the premises sought to be recovered and the courier shall present proof of supply; or
(d) affixing the discover on a outstanding a part of the premises to be recovered and offering corroborative proof of service.

18. Service of Notices for Enterprise Premises
Correct service on a tenant of a enterprise premises shall be by
(a) supply to an individual on the enterprise premises sought to be recovered; or
(b) affixing the discover on a outstanding a part of the premises to be recovered and offering corroborative proof of service.

19. Obligation to inform different individuals in occupation
The place the tenant is an individual apart from a person (together with a company entity), the owner shall guarantee correct service of all notices required underneath this Legislation on the tenant:
Offered that the failure of the tenant to inform every other particular person in occupation shall not have an effect on the proceedings to get better possession.

20. Individuals in illegal occupation
The place an individual claims possession of premises which he alleges is occupied solely by an individual in illegal occupation, the proceedings for restoration of the premises shall be by the abstract process contained within the Civil Process Guidelines of the related courtroom.

29. Arbitration

(1) A sound settlement to arbitrate shall be upheld and shall be enforceable within the Court docket and an arbitration clause or settlement in a tenancy or lease settlement shall not be construed as an ouster of the courts jurisdiction.

(2) Within the absence of any settlement on the contrary or the place the events can not agree on the appointment of an arbitrator or tribunal, the Court docket on receipt of a written utility by any of the events, shall act because the appointing authority, upon fee of the prescribed charges.

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